LEGAL SKILLS AND STRATEGIES

STUDENT MANUAL

&

FALL 2020 SYLLABUS

Professor Kenneth R. Swift

krswift@central.uh.edu

Office: 14BLB

Sections A4 and C4

NOTE: This is a preliminary document. The books listed below and the

week one reading assignment will not change.

2

Introduction, Course Objectives, and Learning Outcomes

To be an effective lawyer, you must be both a thorough researcher and a clear, precise

writer. Most lawyers, and particularly associates and judicial clerks, spend more time

engaged in research and writing than in any other professional task. They research and

write letters, memoranda, pleadings, briefs, contracts, wills, trusts, and numerous other

types of documents. Inadequate research and imprecise writing can result in losing cases,

malpractice claims, and court-imposed sanctions. The Law Center’s Legal Skills and

Strategies program will help you develop the legal research and writing, analysis,

problem-solving, and lawyering skills necessary to become a competent lawyer.

In this first semester you will learn the fundamentals of legal research and citation. You

will learn the difference between primary and secondary sources and between binding

and persuasive sources. You will learn how to provide proper citations to legal authority

to support your writing. You will also be introduced to letter writing.

Importantly, in the first semester you will also learn the basic structure of a legal

document as you write an objective office memorandum. Your understanding of this

basic structure will be developed throughout the first year.

Learning Outcomes

Upon completion of Legal Skills and Strategies you will be able to:

• Demonstrate knowledge of the structure, components, and functioning of the

U.S legal system

• Use appropriate strategies and technologies to retrieve, use, and manage

research materials and information effectively and efficiently

• Comprehend and synthesize the reasoning and rules contained in legal

authorities and apply them to a variety of client situations

• Understand and apply the structure of written legal analysis

• Understand and apply basic contract drafting skills

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Fall 2020 Required Texts

Below are the required texts for Fall 2020, along with the abbreviations used in the

syllabus:

George W. Kuney & Donna C. Looper, Mastering Legal Analysis and

Drafting (2009) Carolina Academic Press ISBN: 978-1-59460-628-1 (“Kuney”) The Bluebook: A Uniform System of Citation (21st ed. 2021) The Harvard Law Review

Association ISBN: 978-0-578-66615-0. (Notes: You should purchase a book rather than

the online Bluebook. Also, note that this is a new edition of the Bluebook, so make sure

you purchase the 21st edition.)

Amy E. Sloan, Researching the Law: Finding What You Need When You Need It (2017)

Wolters Kluwer Law & Business ISBN: 9781454886495 (“Sloan”) (Note: the online

supplement is not required) Tracy L McGaugh & Christine Hurt, Interactive Citation Workbook for The Bluebook: A

Uniform System of Citation (2020 Edition) (“Interactive”)

Additionally, you will need to purchase a subscription to Core Grammar for Lawyers,

available at www.coregrammarforlawyers.com. (“Grammar”). Details in the

corresponding section below. You should wait until close to the start of classes to

purchase this subscription.

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Index

ATTENDANCE 6

TECHNOLOGY POLICIES AND PROCEDURES 7

MEETING DEADLINES 8

EXTENSIONS 8

PENALTIES FOR LATE MAJOR ASSIGNMENTS 9

CALCULATION OF GRADES 10

CALCULATING FINAL GRADES 12

FORMAT AND SUBMISSION REQUIREMENTS FOR

MAJOR WRITING ASSIGNMENTS 14

ADDITIONAL DOCUMENT SUBMISSION REQUIREMENTS 15

COURSE WEBSITE 15

RESEARCH SKILLS CLASSES AND EXERCISES 16

CITATION EXERCISES 17

GRAMMAR EXERCISES 19

ADDITIONAL SUPPORT 20

SYLLABUS 21

5

Attendance

Class attendance is crucial to your understanding of the material. While the texts

are helpful, they do not (and cannot) focus on the facts and analysis that pertain to our

individual class problems. It is the lectures, discussions, and writing assignments we do

in class which will primarily prepare you to write the assignments. You are required to

attend all LSS classes and to participate in class discussions and exercises.

UHLC attendance policy dictates that you may miss no more than five scheduled

classes. The Law Center considers mandatory outside-of-class activities (such as required

meetings to discuss your writing, Westlaw or Lexis training, or speakers) as scheduled

classes. On your sixth absence, I must refer you to the Associate Dean for Student Affairs

to discuss dismissal from this course.

For the purposes of this rule, each class missed is considered one class, regardless

of the length of the class or whether it is a tutorial/live grading session or other required

class session or activity. Arriving more than 15 minutes late for a class or leaving more

than 15 minutes early is considered an absence. There are no excused absences.

6

Technology Policy and Procedures

Laptop and Tablet Policy

You may utilize your laptop or tablet in class for note taking and, on occasion, I may ask

you to research during class. Laptop or tablet usage must not distract your classmates and

you should refrain from searching the Internet and access e-mails. Distractive behavior

will result in the loss of privileges.

Cell Phones

Cell phones must be put away and may not be left on the desk or table in front you during

class. Please turn your cell phone ringer off during class.

E-mail

I encourage you to contact me via e-mail when you have questions. I try to always

respond to e-mails within 24 hours. E-mail requirements:

1. Make sure your e-mails are professional and avoid using slang or shorthand

(i.e. no "can I c u at ur office”).

2. Before asking a question regarding class procedures or rules (i.e. the due date

for an assignment), please make sure you have consulted the student manual and

syllabus. In addition, if time permits, see if a classmate has an answer to your

question.

3. Submit specific questions, rather than general requests for review. Rather than

attaching a copy of your paper with the question "is this right?" I want to see that

you have reviewed your writing and have specific questions about legal structure,

a choice of legal authority, a particular sentence, etc.

7

MEETING DEADLINES

Practicing attorneys are required to meet rigid deadlines imposed by statutes of

limitations and court rules. Failure to meet these deadlines can result in lost cases and

legal malpractice claims. Similarly, deadlines in this course will be strictly enforced.

Just as lawyers must plan ahead to ensure that pressing deadlines for one client do

not cause them to neglect their obligations to other clients, you must budget your time to

ensure that deadlines for LSS do not cause you to neglect your other courses. You are

expected to attend all other classes and to be prepared for all of your classes, even though

you have deadlines to meet for LSS.

EXTENSIONS

Extensions for any assignment will be granted only as a result of the most exigent

personal circumstances. Requests for extensions must be made to me in writing on a

Request for Extension form, available on the course website. I will grant a request for an

extension only if the student makes the request before the assignment due date or if an

emergency has made it impracticable for the student to make the request before the due

date. Extensions will generally be granted only for health problems or serious,

unexpected family issues. Extensions will not be granted for any of the following

reasons: your computer, printer, or car malfunctioned or work obligations or social

events.

8

PENALTIES FOR LATE MAJOR ASSIGNMENTS

The following penalties will be imposed for late submission of either the Closed

Memorandum or the Final Office Memorandum (and spring Major Assignments):

A. Assignments submitted after required time on the due date, but before

11:59 p.m. on the due date, will have four points deducted for lateness.

B. Assignments on or after 11:59 p.m. on the due date will have four

additional points, or a total of eight points, deducted for lateness.

C. Assignments submitted on or after 11:59 p.m. on succeeding days will

have four points deducted for each additional day late. Weekend days

count as additional days.

You must follow all submission requirements for the assignment. Failure to do so

may result in your assignment being considered not having been turned in or you may

incur a different penalty. You may not choose to skip an assignment, nor may you

knowingly submit written work that fails to meet minimum standards for style, substance,

or effort.

PENALTIES FOR LATE OTHER ASSIGNMENTS

You will also have numerous other research and writing assignments throughout the

semester. These assignments include, but are not limited to:

1. Citation exercises

2. In-class research exercises

3. Core Grammar exercises

4. Writing and Research Assignments related to a major writing assignment.

Unless stated otherwise in the syllabus or the particular assignment sheet, failure to turn

in the assignment by the due date and time will result in the loss of the point(s) tied to the

assignment.

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Calculation of Grades

Your grades in law school will likely be lower than those you received as an

undergraduate. Most law students received A's and B's in college. Because these

students are now being compared to one another, receiving "average" grades in law

school is considered a mark of achievement in and of itself.

While law school grades are important, please focus on my written and oral

comments, which will help you develop the research, analytical, and writing skills you

will need to succeed in other law school courses and in the practice of law.

Grading Criteria

I will consider the following factors in grading your writing assignments

throughout the next two semesters:

1. Writing

• Organization

• Clarity

• Grammar and use of language

• Responsiveness to audience and purpose

• Style and tone

2. Analysis

• Understanding of and synthesis of legal issues and rules raised by

assignment

• Application of legal authority and commentary to assigned facts

• Ability to define and isolate issues

• Persuasive and accurate use of the facts

• Ability to deal effectively with adverse authority

3. Research

• Ability to locate leading authority and relevant commentary

• Comprehensiveness of research

• Ability to differentiate between relevant and irrelevant source materials

4. Compliance with proper citation, format, and style requirements

• Adherence to Bluebook Citation Manual citation requirements

• Adherence to format and assignment instructions

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The grade you receive on an assignment will be determined by your ability to

analyze the issues, to communicate your analysis or argument, and to support your

conclusions, not by whether I agree with your legal conclusions.

Details are important and are considered in evaluating writing assignments.

Mistakes in citation form, spelling, or grammar may lead readers to question your

competence and therefore ignore your legal analysis. Proofread carefully.

Compliance with format and style requirements is also important. In practice, a

failure to comply with such requirements can result in serious sanctions. An exhaustively

researched, well-organized, and meticulously written brief may be returned to you or

disregarded by a court because you exceeded a page limit or used the wrong typeface or

margin size. Making compliance with format and style requirements a habit now may

save you considerable embarrassment and pain as a practicing attorney.

I will be selective when commenting on your writing assignments and not

comment on every error. I may forego commenting on small errors to focus your

attention on problem areas that require more immediate improvement. An error may only

be marked at the first place it appears with the expectation that you will correct other,

similar errors.

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Calculating Final Grades

Final grades will be calculated at the end of each semester. Certain assignments,

such as final memos and writing assignments and exams will be graded. All graded

assignments will be given only a point total. For the fall semester the graded assignments

will be the client letter, the quiz, and the final memo (subject to change).

You will also have numerous other exercises and assignments for which will be

given “Participation and Effort” points. The points for participation and effort will be

based upon:

1. Timely completion of non-graded assignments and activities, such as interim

writing assignments, citation exercises, grammar exercises, and research exercises

to a reasonable effort standard (discussed in class).

2. Timely and full participation and preparation in small group class activities.

The participation points are not based upon a curve and it is my hope that every class

participant will receive all of the allotted Participation and Effort points. The

participation and effort point assignments are listed on the next page and the assignment

dates are provided in the syllabus. A record of your completion will be available on the

course website.

Curve and Grade Distribution: UHLC requirements set the average of grades in every

LSS class between 2.8 and 3.2. A mandatory grade distribution also applies. Please see

the UHLC student handbook for further information on grading rules.

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Assignment Due Dates and Allotted Points

Note: Assignments, due date, and points are subject to change. Changes will be

announced in class.

Exercise/ Assignment Due P + E Points Graded Points

Student Manual Quiz 2

Citation Exercise 1 1

Citation Exercise 2 1

Citation Exercise 3 1

Citation Exercise 4 1

Citation Exercise 5 1

Citation Exercise 6 1

Citation Exercise 7 1

Citation Exercise 8 1

Citation Exercise 11 1

Research Exercise* - Intro 1

Research Ex* -Lrev/Treatises 1

Research Ex* - Ency/ALR 1

Research Ex* - Statutes 1

Research Ex* -Citators 1

Core Grammar A1-4, D1,2 2

Core Grammar D3,4, F1-4 2

Writing Assignment - Rule 2

Writing Ass. - Case Illustration 2

Writing Ass. - Args 2

In-class Email Exercise 4

Closed Memorandum 10

Fall Research Assignment 5

Res. Mem./Rough draft 5

Client Letter 5

Quiz 30

Final Office Memo 50

50**(10) 10

Total 95

* Research exercises will be completed in-class

** The Participation and Effort points will be scaled to account for 10 points in the final

calculation

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Format Requirements for Major Writing Assignments

Follow the format requirements below when creating and submitting your major writing assignments. Even though assignments will be turned in electronically you are still required to ensure that the printed version meets these requirements. Failure to follow the requirements may result in a reduction in points. FORMAT REQUIREMENTS

1. COVER SHEET (does not count in the word limit): a. Assignment title b.Exam Number or Name (as required by the assignment) c. Due date d.Instructor’s name

2. FONT: Times New Roman, twelve point.

3. MARGINS: Each typed page must have a one-inch margin on each side and top

and bottom.

4. TYPE: Fully double-spaced, except the following, which should be single-spaced:

a. The caption b. Question Presented c. Brief Answer d. Block quotations (and indented, per Bluebook)

5. CITATIONS: In accordance with the Bluebook Citation Manual.

6. WORD LIMITS: Some graded assignments will have a word limit. Every

word document counts towards this limit. The number of words in the document will be checked using the word count function in Microsoft Word. Exceeding the word limit will result in a penalty.

7. PAGINATION: Each page of text must be numbered (you may start numbering on page two, which is traditional, if you prefer). The page number must be centered and be approximately one inch from the bottom of the page.

See the next page for additional submission requirements.

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Additional Document Submission Requirements

These requirements apply to every assignment you submit.

1. Document Naming When submitting a document via email (or submitting via a

website), name your document:

A. If not submitted anonymously (the majority of assignments), name your

document beginning with your last name (ex: (Jones.doc)). If you would like to

provide additional information regarding the document (perhaps for your own

organization), place that after your name (ex:Jones.RuleofLaw.doc).

B. If submitted anonymously, using only your exam number (ex:5678.doc).

2. Document Identification. Make sure your name is included on the document itself,

(except those submitted anonymously).

Failure to follow the submission requirements may result in a point reduction.

Course Website

The course website is hosted by the University’s Blackboard course management system.

To access the course website:

1. Log into access UH: https://accessuh.uh.edu

2. Under University Services, click on Blackboard Learn 9

3. Click on Lawyering Skills and Strategies I

4. The website will be available approximately 1 week prior to the official

start of the course. You will be automatically enrolled in the course.

Blackboard support is available 8-8 (M-F):

1. Phone: 713-743-1411

2. Live chat: http://www.uh.edu/infotech/livechat

3. Email: support@uh.eduu

4. In person: 58 MD Anderson Library

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Research Skills Classes and Exercises

In LSS I and II you will learn fundamental legal research skills through in-class

instruction and exercises and by researching for writing and other assignments outside of

class. In addition, on occasion we will training by the Law Center’s Professional Law

Librarians and perhaps professional trainers for Westlaw, Lexis, and Bloomberg Law, the

major online legal research vendors, may present in-class. These research engines are free

to you for your law school work but are fee-based in the “real world.” See the course

syllabus for the timing and topics of the research classes.

You will be expected to use the skills you have acquired during the research

training to complete research exercises, and to research some of the writing and drafting

assignments that you do for our class. You will also be tested on your research skills each

semester.

For most research classes, you will be required to complete an in-class exercises.

Each exercise is designed to be completed during the class period; you will submit it by

the end of class to receive credit. If you miss a class which includes a research

assignment, you will have one week to complete that week’s in-class exercise.

You will receive a Participation and Effort point for each in-class exercise that

you complete on time. If you fail to submit an in-class exercise on time, you will receive

no points for that tutorial or exercise; however, you must still complete the work. You

may not choose to skip an exercise or submit unsatisfactory work and simply not earn

point credit. All in-class exercises must be completed in satisfactory fashion by the end of

the semester or you will receive an incomplete in the course.

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Citation Exercises

Legal citation serves two primary purposes. First, it is an essential part of legal

analysis. A citation indicates to the judge and other attorneys the source of the legal

authority and directs them to where they may find that authority. Second, citation is also

an important part of your professional identity. If a judge or another attorney sees

inaccurate or sloppy citation, he or she may conclude that the legal analysis

accompanying those citations is also sloppy or inaccurate. Poor citation damages your

credibility as a professional.

The only real way to learn citation is by drafting citations. Throughout the next

two semesters you will be exposed to the citation of cases, statutes, and secondary

sources. You will have the opportunity to learn these rules through numerous hands-on

citation exercises.

We will be utilizing the Interactive Citation Workbook for Bluebook Citation

Manual and accompanying exercises. For each exercise set, you are required to read the

applicable chapter of the book, review the accompanying rules in the Bluebook manual,

and then complete online exercises (next semester we will also learn the Greenbook).

The online exercises can be found at: https://advance.lexis.com/ by accessing the Lexis

Advance Research drop down menu in the upper left-hand corner and clicking on

LexisNexis Interactive Citation Workstation

Information about Internet Citation Workstation may be found on the above web

site. Each citation exercise is worth a Participation and Effort point and must be

completed by the due date.

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Notes on the citation exercises:

1. Each particular problem may be tried three times before you are given the correct

answer.

2. You may start a chapter, stop, and return later. Your work will be saved.

3. If you do not submit the correct answer after the three allotted attempts, you will

still be given credit if a review of your work shows that you are putting in a

reasonable effort to find the correct answer; if I determine otherwise, you will not

be given credit for the assignment and may have additional exercises assigned.

4. The citation answers are highly technical and require a precise answer to be

correct; do not become frustrated if you incorrectly answer some questions, as it is

part of the process of understanding and learning citation.

5. After you have completed the required problems in a chapter, make sure that you

both e-mail the completed assignment and print off the completion certificate.

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Grammar Exercises

We will use a website training tool, Core Grammar for Lawyers. You will need to

purchase and activate a subscription.

Purchase and Activation:

1. Go to: http://www.coregrammarforlawyers.com/

2. Click "Purchase this Program"

3. Click the "Purchase CGL" button

4. On the first page of the form, enter name, phone number, email, and pick

University of Houston Law Center from the school list.

5. Click Verify

6. On the next screen verify everything is ok, click "Purchase" and that's it!

Next, you will “activate” your subscription. When you activate your subscription, enter

the unique Class Code that corresponds to this course. Here is the code:

320-209-398

Do not borrow a Class Code from anyone else; if you do, you will enroll in the wrong

section. Once your subscription is activated, you are ready to begin.

Pre-Test

Your first CGL assignment is to take the Pre-Test. You will need approximately 60-90

minutes to complete the Pre-Test. You can open the Pre-Test by clicking on the link on

the home page (called your “Bookshelf”).

1. DO NOT opt-out of the Pre-Test.

2. Do not consult outside resources. It is a closed book exam.

Assigned Sections

You are required to complete 12 sections of the website this semester. You may complete

a section by either:

1. testing out of the section in the pretest by showing you are proficient with a

particular grammar concept; or

2. completing the exercise on the website.

Some students will not test out of any sections, some will test out of one or two, and a

few may test out of several. For this semester you are required to complete section A, D,

and F. The other sections will be due next semester. Of course, you are free to complete

the exercises at any time before the due dates and I would encourage you to complete

them early in the semester.

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Legal Writing Center

All UHLC students may obtain free individual tutoring at the Legal Writing Center,

located in the library. Several outstanding third-year law students staff the Legal Writing

Center. On all ungraded assignments, the tutors will answer your questions on legal

writing, research, and citation. They also will be able to help you with basic grammar

skills, proper English usage, and sentence/paragraph construction. You may schedule

appointments with the Writing Center tutors by calling 713-743-0759 or emailing

C_LawLegalWritingCenter@central.uh.edu. Walk-ins are also welcome.

Chosen Names and Preferred Pronouns

I want to address each of you in a manner that corresponds to your identity. Although

mistakes happen, chosen names and preferred pronouns—including non-binary ones such

as they|them|their—must be respected in my classroom. Please feel free to reach out to

me at any time if you want to make me aware of your chosen name or pronoun.

University Counseling Services

Counseling and Psychological Services (CAPS) can help students who are having

difficulties managing stress, adjusting to the demands of a professional program, or

feeling sad and hopeless. You can reach CAPS (www.uh.edu/caps) by calling 713-743-

5454 during and after business hours for routine appointments or if you or someone you

know is in crisis. No appointment is necessary for the “Let's Talk” program, a drop-in

consultation service at convenient locations and hours around campus.

http://www.uh.edu/caps/outreach/lets_talk.html

UH Sexual Misconduct Policy

The University is committed to maintaining and strengthening an educational, working

and living environment where students, faculty, staff, and visitors are free from

discrimination and sexual misconduct. If you have experienced an incident of

discrimination or sexual misconduct, there is a confidential reporting process available to

you. For more information, please refer to the University system’s Anti-Discrimination

Policy SAM 01.D.07 and Sexual Misconduct Policy SAM 01.D.08, available here:

http://www.uhsystem.edu/compliance-ethics/uhs-policies/sams/01-general-

information/index.php

http://www.uhsystem.edu/compliance-ethics/_docs/sam/01/1d7.pdf (antidiscrimination)

http://www.uhsystem.edu/compliance-ethics/_docs/sam/01/1d8.pdf (sexual misconduct)

Please be aware that under the sexual misconduct policy, SAM 01.D.08, faculty are

required to report to the University any information received regarding sexual

misconduct as defined in the policy. Please note that the reporting obligations under the

sexual misconduct policy reach to employees and students. Also, as a required reporting

party, I am not a confidential resource.

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Course Format

This course will be delivered through distance education. Class instruction will be

provided online through a combination of synchronous full-class meetings and

asynchronous course content. Additionally, we will have synchronous individual

conferences to discuss your writing.

For the first week of the semester both class sessions will be synchronous sessions

presented via Zoom. After that, most weeks will consist of a synchronous Zoom session

on Thursday and asynchronous units. In some weeks, individual conferences will take the

place of one or more class sessions. Please read the schedule carefully for each week.

Starting with week two, the course will be divided into Course Weeks. Each Course

Week will begin on Thursday at 6 p.m. and conclude the following Thursday at 10 p.m.

During each course week there will be assignments due, including both asynchronous

units and writing assignments. The asynchronous units will normally be due at the end of

the Course Week. Writing assignments will be due at other times. Again, read the

schedule carefully for each week.

Each course week will have a separate folder on the course website under the

Assignments tab. The folder will open at the start of the course week and will include that

week’s syllabus entry in the form of checklist of items (readings, assignments, etc.).

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Week of 8/24

Reading Assignments:

Kuney, Introduction (XXV-XXVI), Ch. 1, pp.15-36

Sloan, Ch. 2

Interactive, Using the Interactive Citation Workbook (pp. ix-x)

Class Modality

Tues (Section A)/Wed (Section C): Synchronous

Thursday: Synchronous

Introduction to Legal Skills and Strategies.

• Overview of the course. Description of classes, books, goals, and

policies of the course.

• Discussion of the legal system, including the court system, the sources

of the law, and the interaction between the sources of the law.

• Introduction to Legal Analysis

• Introduction to the Office Memorandum

• (Thursday) Case brief; case distributed in class Tuesday/Wednesday.

Due: (Citation exercises and items due on non-class days are due by 10:00

p.m. on the due date, unless otherwise noted. Items due on a class day are due

by the start of class, whether the item is to be turned in via email, online, or in-

class.)